Case: Suarez v. Annucci

7:20-cv-07133 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a damages case about a man with bipolar schizoaffective disorder who alleges prison officials and doctors denied him mental health treatment while he was incarcerated at New York Downstate Correctional Facility (Downstate) in summer 2017. The case is notable: it held that part of the New York Special Housing Unit (SHU) Exclusion Law relating to mentally disabled prisoners placed in solitary confinement is privately enforceable.  When the plaintiff was transferred to Downstate in June 20…

This is a damages case about a man with bipolar schizoaffective disorder who alleges prison officials and doctors denied him mental health treatment while he was incarcerated at New York Downstate Correctional Facility (Downstate) in summer 2017. The case is notable: it held that part of the New York Special Housing Unit (SHU) Exclusion Law relating to mentally disabled prisoners placed in solitary confinement is privately enforceable. 

When the plaintiff was transferred to Downstate in June 2017, he told prison psychiatrists he suffered from severe bipolar schizoaffective disorder that was well-managed with medication. While Downstate officials created a mental health plan that included the medication, they did not create a plan to administer it to him when he refused it as they were required to by New York law. Instead, a prison psychiatrist terminated the prescription. The man's mental health deteriorated through July and early August, when he was sanctioned with over a month of solitary confinement after an altercation with prison guards. Throughout this time, the plaintiff alleged that prison officials repeatedly documented that his mental health disorder was untreated and he was refusing medication, but took no efforts to meaningfully remedy the situation. Eventually, on September 5, 2017, the man completed his sentence and was released in a state of active psychosis due to months of untreated bipolar schizoaffective disorder. The day after he was released, the man repeatedly stabbed his mother while continuing to experience active psychosis.

Represented by the Legal Aid Society and private counsel, on September 1, 2020, the plaintiff brought this damages action in the Southern District of New York against the New York Department of Corrections (DOC) and its Commissioner, New York Office of Mental Health (OMH) and its Commissioner, the Superintendent of Downstate, the Chief of the Downstate OMH Unit, an OMH psychiatrist, a Downstate psychiatrist, the Downstate Supervising Offender Rehabilitation Coordinator, an OMH psychology assistant, an OMH clinician, and an OMH social worker. The man brought a number of claims:

(1) Two Eighth Amendment claims, deliberate indifference to medical needs and conditions of confinement, against the supervisory and individual defendants under 28 U.S.C. § 1983;

(2) Claims against the Departments and their Directors under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleging discrimination on the basis of his mental health disability;

(3) Claims that the OMH and its Downstate Unit Chief and Psychology Assistant violated § 137(6) of the New York SHU Exclusion Law, which requires state prison officials to divert from solitary anyone with serious mental illness who is facing a solitary sanction of over 30 days; and 

(4) Negligent supervision training claims against OMH and its commissioner. 

The defendants filed a joint motion to dismiss on February 16, 2021; the court had granted a number of extensions of time for the defendants to coordinate their counsel. The next day, the court ordered the plaintiff to notify the court whether he intended to amend the complaint in response to the motion to dismiss. The plaintiff filed an amended complaint on March 12 which included additional facts about the actions and knowledge of the individual defendants. Motion practice continued over the next months. 

District Court Opinion

The district court issued its order granting in part and denying in part the motion to dismiss on December 21, 2021. Judge Vincent L. Briccetti wrote the opinion. First, the court found that plaintiff's allegations about his treatment at Downstate and the conditions there were sufficient to state the two Eighth Amendment claims under § 1983. All of the individual defendants except for the DOC and OMH directors had "acted or failed to act while aware of a substantial risk that serious inmate harm would result" such that they might be held liable under § 1983. And, the court found, none of the individual defendants were entitled to qualified immunity, because the defendants had not yet shown their actions were reasonable under the circumstances. Such an inquiry is more appropriate at the summary judgment stage.

Second, the court dismissed the plaintiff's ADA and Rehabilitation Act claims because he could not allege that the defendants treated him differently from incarcerated individuals without disabilities or that the failure to divert him from SHU to a therapeutic alternative treatment was because of his disability. The allegations stated poor treatment of a disability, but not discrimination because of it. 

Third, in a first-of-its-kind holding, Judge Briccetti found § 137(6) of the NY SHU Exclusion Law contains a private right of action. This section of the law required state prison officials to divert from solitary anyone with serious mental illness who was facing a solitary sanction of over 30 days. The court found that § 137(6) satisfied the state law factors for implying a private right of action because the plaintiff was of the class for whose particular benefit the statute was enacted, and recognizing private enforceability was "consistent with the legislative purposes and scheme." So, the court found, the SHU claim could proceed against the two individual defendants named in it, the Downstate OMH Unit Chief and psychology assistant. The State OMH itself, however, had sovereign immunity and was dismissed from the claim. 

Finally, the plaintiffs had forfeited their negligent supervision and training claims because they did not address them in their opposition brief to the motion to dismiss. 

In summary, the court dismissed the Eighth Amendment claims against the state agency directors, the ADA and Rehabilitation Act claims, the SHU Law claim against the OMH, and the negligent supervision and training claims; the other claims remained. The court dismissed the DOC, DOC director, OMH, OMH director, and Downstate clinician from the case. 2021 WL 6065765. 

The remaining parties adopted a discovery plan and scheduling order on January 27, 2022. The next case management conference is scheduled for August 2022. The case is ongoing. 

Summary Authors

John Juenemann (3/6/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18199865/parties/suarez-v-sullivan/


Judge(s)

Briccetti, Vincent Louis (New York)

Attorney for Plaintiff

Beha, James Joseph (New York)

Greer, Jocelyn Edith (New York)

Attorney for Defendant

Doran, John Roach (New York)

Durden, Rebecca Ann (New York)

show all people

Documents in the Clearinghouse

Document
1

7:20-cv-07133

Complaint and Demand for Jury Trial

Sept. 1, 2020

Sept. 1, 2020

Complaint
71

7:20-cv-07133

First Amended Complaint and Demand for Jury Trial

March 12, 2021

March 12, 2021

Complaint
82

7:20-cv-07133

Opinion and Order

Dec. 21, 2021

Dec. 21, 2021

Order/Opinion

2021 WL 2021

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18199865/suarez-v-sullivan/

Last updated April 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan. (Filing Fee $ 400.00, Receipt Number ANYSDC-21439847)Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

Clearinghouse
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: # 1 Exhibit Addendum to Civil Cover Sheet).(Short, Stefen) Modified on 9/2/2020 (dnh). (Entered: 09/02/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Annucci, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Chesney J. Baker, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Maura L. DiNardo, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to New York State Department of Corrections and Community Supervision, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Peter M. Horan, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Samantha L. Kulick, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
9

REQUEST FOR ISSUANCE OF SUMMONS as to Ryan Lahey, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to Robert Morton, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to New York State Office of Mental Health, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to Abadul Qayyum, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to Brandon N. Reynolds, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to Ann Marie T. Sullivan, re: 1 Complaint,. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
15

NOTICE OF APPEARANCE by Robert Matthew Quackenbush on behalf of Elvin Suarez..(Quackenbush, Robert) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stefen Russell Short. The party information for the following party/parties has been modified: Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)

Sept. 2, 2020

Sept. 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stefen Russell Short to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Only one Nature of Suit may be selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)

Sept. 2, 2020

Sept. 2, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)

Sept. 2, 2020

Sept. 2, 2020

PACER

Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh)

Sept. 2, 2020

Sept. 2, 2020

PACER

Case Designated ECF. (dnh)

Sept. 2, 2020

Sept. 2, 2020

PACER

Notice to Attorney Regarding Party Modification

Sept. 2, 2020

Sept. 2, 2020

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

Sept. 2, 2020

Sept. 2, 2020

PACER

Case Opening Initial Assignment Notice

Sept. 2, 2020

Sept. 2, 2020

PACER
16

ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
17

ELECTRONIC SUMMONS ISSUED as to Maura L. DiNardo..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
18

ELECTRONIC SUMMONS ISSUED as to Chesney J. Baker..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
19

ELECTRONIC SUMMONS ISSUED as to New York State Department of Corrections and Community Supervision..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
20

ELECTRONIC SUMMONS ISSUED as to Peter M. Horan..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
21

ELECTRONIC SUMMONS ISSUED as to Samantha L. Kulick..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
22

ELECTRONIC SUMMONS ISSUED as to Ryan Lahey..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
23

ELECTRONIC SUMMONS ISSUED as to Robert Morton..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
24

ELECTRONIC SUMMONS ISSUED as to New York State Office of Mental Health..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
25

ELECTRONIC SUMMONS ISSUED as to Abadul Qayyum..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
26

ELECTRONIC SUMMONS ISSUED as to Brandon N. Reynolds..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
27

ELECTRONIC SUMMONS ISSUED as to Ann Marie T. Sullivan..(dnh) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
28

CIVIL COVER SHEET filed. (Attachments: # 1 Exhibit Addendum to Civil Cover Sheet).(Short, Stefen) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
29

NOTICE OF APPEARANCE by James Joseph Beha, II on behalf of Elvin Suarez..(Beha, James) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
30

NOTICE OF APPEARANCE by Jocelyn Edith Greer on behalf of Elvin Suarez..(Greer, Jocelyn) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
31

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Anthony J. Annucci served on 9/15/2020, answer due 10/6/2020. Service was accepted by Kevin Kortright. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
32

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Chesney J. Baker served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
33

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Maura L. DiNardo served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
34

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Peter M. Horan served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
35

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Samantha L. Kulick served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
36

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Ryan Lahey served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
37

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Robert Morton served on 9/16/2020, answer due 10/7/2020. Service was accepted by Paula Powell. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
38

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York State Department of Corrections and Community Supervision served on 9/15/2020, answer due 10/6/2020. Service was accepted by Kevin Kortright. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
39

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York State Office of Mental Health served on 9/15/2020, answer due 10/6/2020. Service was accepted by John Reisinger. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
40

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Abadul Qayyum served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
41

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Brandon N. Reynolds served on 9/16/2020, answer due 10/7/2020. Service was accepted by Shannah Sullivan. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
42

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Ann Marie T. Sullivan served on 9/15/2020, answer due 10/6/2020. Service was accepted by John Reisinger. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
43

FIRST LETTER MOTION for Extension of Time To Respond to the Complaint addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated September 30, 2020. Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
44

ORDER granting 43 Letter Motion for Extension of Time: By 12/14/2020, all defendants shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER

Order on Motion for Extension of Time

Sept. 30, 2020

Sept. 30, 2020

PACER
45

LETTER addressed to Judge Vincent L. Briccetti from Rebecca A. Durden dated October 16, 2020 re: Application to Correct the Docket. Document filed by Rebecca A Durden..(Durden, Rebecca) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
46

MEMO ENDORSEMENT on re: 45 Letter filed by Rebecca A Durden. ENDORSEMENT: APPLICATION GRANTED. The Clerk is directed to terminate Ms. Durden as counsel for defendants and to terminate the letter-motion. (Doc. #45). SO ORDERED. Attorney Rebecca Ann Durden terminated. (Signed by Judge Vincent L. Briccetti on 10/19/2020) (mml) (Entered: 10/19/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew E. Krause. Please note that this is a reassignment of the designation only. (ad)

Oct. 19, 2020

Oct. 19, 2020

PACER

Notice of Redesignation to Magistrate Judge

Oct. 20, 2020

Oct. 20, 2020

PACER
47

LETTER MOTION for Extension of Time To Respond to the Complaint addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated December 9, 2020. Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
48

ORDER granting 47 Letter Motion for Extension of Time. APPLICATION GRANTED. By 1/11/2021, defendants shall answer, move, or otherwise respond to the complaint. The Clerk is directed to re-add Ms. Durden as counsel for defendants and to terminate the letter-motion. (Doc. #47). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/9/2020) (mml) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Set/Reset Deadlines: Anthony J. Annucci answer due 1/11/2021; Chesney J. Baker answer due 1/11/2021; Maura L. DiNardo answer due 1/11/2021; Peter M. Horan answer due 1/11/2021; Samantha L. Kulick answer due 1/11/2021; Ryan Lahey answer due 1/11/2021; Robert Morton answer due 1/11/2021; New York State Department of Corrections and Community Supervision answer due 1/11/2021; New York State Office of Mental Health answer due 1/11/2021; Abadul Qayyum answer due 1/11/2021; Brandon N. Reynolds answer due 1/11/2021; Ann Marie T. Sullivan answer due 1/11/2021. (mml)

Dec. 9, 2020

Dec. 9, 2020

PACER
49

LETTER MOTION for Extension of Time for Acting Commissioner Annucci to Respond to the Complaint addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated January 8, 2021. Document filed by Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

PACER
50

ORDER deferring ruling on 49 Letter Motion for Extension of Time: By 1/11/2021 at 4pm, defense counsel shall file a letter updating the Court on plaintiff's position regarding defendant DOCCS Acting Commissioner Annucci's request for an extension. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
51

LETTER RESPONSE to Motion addressed to Judge Vincent L. Briccetti from Jocelyn E. Greer dated January 11, 2021 re: 49 LETTER MOTION for Extension of Time for Acting Commissioner Annucci to Respond to the Complaint addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated January 8, 2021. . Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
52

ORDER granting 49 Letter Motion for Extension of Time: By 2/10/2021, defendant DOCCS Acting Commissioner Annucci shall answer, move, or otherwise respond to the complaint. This deadline will not be further extended. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
53

MOTION to Dismiss . Document filed by Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
54

MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss . . Document filed by Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

Order on Motion for Extension of Time

Jan. 11, 2021

Jan. 11, 2021

PACER
55

NOTICE OF APPEARANCE by John Roach Doran on behalf of Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Doran, John) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
56

CONSENT LETTER MOTION for Extension of Time of Briefing Schedule on non-Annucci Defendants' Motion to Dismiss addressed to Judge Vincent L. Briccetti from Jocelyn E. Greer dated January 26, 2021. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
57

CONSENT LETTER MOTION for Extension of Time of Briefing Schedule on non-Annucci Defendants' Motion to Dismiss (Corrected Version of ECF No. 56) addressed to Judge Vincent L. Briccetti from Jocelyn E. Greer dated January 26, 2021. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
58

ORDER granting 57 Letter Motion for Extension of Time: By 3/29/2021, plaintiff shall oppose the pending motion to dismiss and any motion to dismiss filed by defendant Annucci. By 4/12/2021, defendants shall file their replies. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER
59

ORDER terminating 56 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

PACER

Order on Motion for Extension of Time

Jan. 26, 2021

Jan. 26, 2021

PACER
60

LETTER MOTION for Extension of Time for Acting Commissioner Annucci to Respond to the Complaint addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated January 8, 2021. Document filed by Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 02/08/2021)

Feb. 8, 2021

Feb. 8, 2021

PACER
61

ORDER granting in part and denying in part 60 Letter Motion for Extension of Time: Defendant Annucci's time to respond to the complaint is extended to 2/17/2021. By this date, he shall take whatever additional steps are required for the AG to assume joint representation and he shall answer, move, or otherwise respond to the complaint. Absolutely no further extension of this deadline will be granted. If the parties wish to extend the motion to dismiss briefing deadlines, by 2/11/2021, they shall submit a JOINT LETTER with an updated briefing schedule. Otherwise, the deadlines set in the Court's 1/26/2021 Order shall govern. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

PACER

Order on Motion for Extension of Time

Feb. 9, 2021

Feb. 9, 2021

PACER
62

JOINT LETTER MOTION for Extension of Time of Briefing Schedule addressed to Judge Vincent L. Briccetti from Jocelyn E. Greer dated 2/11/2021. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
63

ORDER granting 62 Letter Motion for Extension of Time: By 4/12/2021, plaintiff shall oppose the pending motion to dismiss and any motion to dismiss filed by defendant Annucci. By 4/26/2021, defendants shall file their replies. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER

Order on Motion for Extension of Time

Feb. 11, 2021

Feb. 11, 2021

PACER
64

MOTION to Dismiss the Complaint. Document filed by Anthony J. Annucci. Responses due by 4/12/2021.(Durden, Rebecca) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
65

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #66) - MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the Complaint. . Document filed by Anthony J. Annucci..(Durden, Rebecca) Modified on 2/16/2021 (ldi). (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
66

MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss the Complaint. . Document filed by Anthony J. Annucci..(Durden, Rebecca) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
67

NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Anthony J. Annucci..(Durden, Rebecca) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
68

ORDER: Accordingly, it is hereby ORDERED that, by no later than February 26, 2021, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motions to dismiss, or (ii) will rely on the complaint that is the subject of the motions to dismiss. The time to file opposing and reply papers shall be governed by the Court's February 11, 2021, Order. (As further set forth in this Order.) (Signed by Judge Vincent L. Briccetti on 2/17/2021) (cf) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

RECAP
69

LETTER addressed to Judge Vincent L. Briccetti from Jocelyn E. Greer dated February 26, 2021 re: Amended Complaint. Document filed by Elvin Suarez..(Greer, Jocelyn) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
70

ORDER: Plaintiff shall file an amended complaint by no later than 3/12/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
71

FIRST AMENDED COMPLAINT amending 1 Complaint, against Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan with JURY DEMAND.Document filed by Elvin Suarez. Related document: 1 Complaint,..(Beha, James) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

Clearinghouse
72

LETTER MOTION for Leave to File Excess Pages addressed to Judge Vincent L. Briccetti from Rebecca Ann Durden dated March 30, 2021. Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Durden, Rebecca) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
73

ORDER granting 72 Letter Motion for Leave to File Excess Pages: Defendants may file a 30-page memorandum of law in support of their forthcoming motion to dismiss. Plaintiff may file a 30-page opposition to the motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

Order on Motion for Leave to File Excess Pages

March 30, 2021

March 30, 2021

PACER
74

MOTION to Dismiss the Amended Complaint (Dkt No 71). Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Doran, John) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
75

MEMORANDUM OF LAW in Support re: 74 MOTION to Dismiss the Amended Complaint (Dkt No 71). . Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Doran, John) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
76

CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss the Amended Complaint addressed to Judge Vincent L. Briccetti from Stefen R. Short dated April 5, 2021. Document filed by Elvin Suarez..(Short, Stefen) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
77

ORDER denying as moot 53 Motion to Dismiss: Defendants' motion to dismiss the complaint is terminated as moot in light of defendants' 74 motion to dismiss the first amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
78

ORDER denying as moot 64 Motion to Dismiss: Defendant's motion to dismiss the complaint is terminated as moot in light of defendants' 74 motion to dismiss the first amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
79

ORDER granting 76 Letter Motion for Extension of Time: Plaintiff's opposition due 5/3/2021, defendants' reply due 5/17/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (pp) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER

Order on Motion to Dismiss

April 5, 2021

April 5, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

April 5, 2021

April 5, 2021

PACER
80

MEMORANDUM OF LAW in Opposition re: 74 MOTION to Dismiss the Amended Complaint (Dkt No 71). . Document filed by Elvin Suarez..(Short, Stefen) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

PACER
81

REPLY MEMORANDUM OF LAW in Support re: 74 MOTION to Dismiss the Amended Complaint (Dkt No 71). . Document filed by Anthony J. Annucci, Chesney J. Baker, Maura L. DiNardo, Peter M. Horan, Samantha L. Kulick, Ryan Lahey, Robert Morton, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Abadul Qayyum, Brandon N. Reynolds, Ann Marie T. Sullivan..(Doran, John) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Mental Health (Facility)

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Sept. 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Incarcerated man with mental health conditions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner, State

Superintendent (Fishkill, Dutchess), Private Entity/Person

Psychiatrist (Fishkill, Dutchess), Private Entity/Person

Psychology Assistant 3/Supervisor, Private Entity/Person

Psychiatrist, Private Entity/Person

Licensed Master Social Worker 2/Supervisor, Private Entity/Person

New York State Department of Corrections, State

New York State Office of Mental Health, State

Commissioner, State

Unit Chief, Office of Mental Health (Fishkill, Dutchess), Private Entity/Person

Supervising Offender Rehabilitation Coordinator (Fishkill, Dutchess), Private Entity/Person

Clinician, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Hospital/Health Department

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Discharge & termination plans

Disciplinary procedures

Failure to supervise

Failure to train

Individualized planning

Neglect by staff

Rehabilitation

Disability and Disability Rights:

Mental impairment

Reasonable Accommodations

Schizophrenia

Discrimination Basis:

Disability (inc. reasonable accommodations)

Discrimination Area:

Disparate Impact

Disparate Treatment

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Confinement/isolation

Disciplinary segregation

Placement in detention facilities

Placement in mental health facilities

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention